Auto Insurance Claims: Car settlement / lawsuit, dollar loss, legal question

Question
I realize you may not be able to answer my question but I hope you can shed some light on it.

My car was totaled in and accident along with another car. Due to the limits of the policy I'm only set to receive 2500 of a 5400 dollar loss. Per the settlement agreement I have to sign a waiver that absolves the company, the owner and his/her/their heirs,executors, administrators, successors and assigns from and against all claims, demands.

I wondering if since the owner's brother was the driver would he still be able to be sued if I were to sign this.

Answer
Hi Frank,

This is actually a legal question that should be directed to an attorney in your state.

However, from my position and experience, I would think that as long as the drivers name does not appear on the release form, you would still be abl to pursue him for the balance of the funds since it was actually his negligence that caused the collision.

But, you should still ask an attorney to be sure.

I hope this helps
Richard Hixenbaugh